{"id":"F2019L01233","name":"Imported Food Control Order 2019","slug":"imported-food-control-order-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":99824,"registerId":"commonwealth-F2019L01233-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the Imported Food Control Order 2019.","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under section 10 of the Imported Food Control Regulations 2019.","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n> Note 1: A number of expressions used in this instrument are defined in the Act, including the following:\n\n    (a) compliance agreement;\n    (b) food;\n    (c) recognised food safety management certificate;\n    (d) recognised foreign government certificate.\n\n> Note 2: A number of expressions used in this instrument are defined in the Imported Food Control Regulations 2019, including the following:\n\n    (a) Act;\n    (b) compliance agreement food;\n    (c) risk food;\n    (d) Scheme;\n    (e) surveillance food.\n  In this instrument:\n\n> beef means the flesh, bone, offal or any other tissue of an animal in the subfamily bovinae.\n\nNote: The subfamily bovinae includes cattle, buffaloes and bison.\n\n> beef products means food prepared from or containing beef, but does not include gelatine, collagen, rendered fats, tallow or di‑calcium phosphate.\n\n> dried meat means meat that has been dried but does not include slow cured dried meat.\n\n> hermetically sealed container means a container that is airtight when sealed.\n\n> kava products means a food covered by paragraph 2.6.3—3(a) or (b) of the Australia New Zealand Food Standards Code, as in force on 23 March 2022.\n\n> New Zealand product means food to which the Act applies that is produced in or imported into New Zealand, being food to which the Trans‑Tasman mutual recognition principle set out in Part 2 of the Trans‑Tasman Mutual Recognition Act 1997 applies.\n\n> poultry:\n\n    (a) subject to paragraph (b), includes fowls, ducks, geese, turkeys, pigeons, pheasants, quails, guinea fowls, muttonbirds and other avian species ordinarily consumed as food by humans; and\n    (b) does not include ratites (for example, emus or ostriches).\n\n> poultry meat means the parts of a poultry carcass intended for human consumption.\n\n> processed meat means a food that:\n\n    (a) has, either singly or in combination with other foods, undergone a method of processing other than boning, slicing, dicing, mincing or freezing; and\n    (b) contains no less than 300 grams per kilogram of meat.\n\n> prohibited plants and fungi means prohibited plants and fungi specified in Schedule 23–Prohibited plants and fungi of the Australia New Zealand Food Standards Code, as in force at the commencement of this definition.\n\n> raw milk cheese means cheese that has been made using milk that has not, or dairy products that have not, been processed in accordance with subclause 16(1) or (2), or paragraph 16(3)(a), of Standard 4.2.4 – Primary Production and Processing Standard for Dairy Products of the Australia New Zealand Food Standards Code, as in force at the commencement of this definition.\n\n> ready‑to‑eat: see section 4A.\n\n> retorted: see section 4B.\n\n> sausage means a food that:\n\n    (a) consists of meat that has been minced, meat that has been comminuted, or a mixture of both, whether or not mixed with other foods, and which has been encased or formed into discrete units; and\n    (b) is not formed or joined into the semblance of cuts of meat.\n\n> shelf‑stable: see section 4C.","sortOrder":2},{"sectionNumber":"4A","sectionType":"section","heading":"Meaning of ready‑to‑eat","content":"#### 4A Meaning of ready‑to‑eat\n\n  (1) Food is ready‑to‑eat if it is ordinarily consumed in the same state as that in which it is sold.\n  (2) To avoid doubt, food is not ordinarily consumed in the same state as that in which it is sold if, before it is consumed, it requires further processing (such as cooking) in order to reduce any pathogenic microorganisms potentially present in the food to safe levels.","sortOrder":3},{"sectionNumber":"4B","sectionType":"section","heading":"Meaning of retorted","content":"#### 4B Meaning of retorted\n\n  (1) Animal products are retorted if they are heated in a hermetically sealed container to a minimum core temperature of 100°C, obtaining an F0 value of at least 2.8.\n  (2) Goods (other than animal products) are retorted if they are heated in a hermetically sealed container for a time, and to a temperature, sufficient to make the contents commercially sterile.","sortOrder":4},{"sectionNumber":"4C","sectionType":"section","heading":"Meaning of shelf‑stable","content":"#### 4C Meaning of shelf‑stable\n\n  Goods are shelf‑stable if:\n    (a) the goods have been commercially manufactured; and\n    (b) the goods have been packaged by the manufacturer; and\n    (c) the goods are in that package; and\n    (d) the package has not been opened or broken; and\n    (e) the goods are able to be stored in the package at room or ambient temperature; and\n    (f) the goods do not require refrigeration or freezing before the package is opened.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Identification and classification of food","content":"#### 5 Identification and classification of food\n\n  Risk food\n  (1) Food of a kind to which the Act applies that is described in an item of the table in clause 1 of Schedule 1:\n    (a) is classified as risk food; and\n    (b) is required to be inspected, or inspected and analysed, under the Scheme as risk food.\n  (2) Subsection (1) does not apply to:\n    (a) food that is New Zealand product; or\n    (b) compliance agreement food.\n  Risk food—New Zealand product\n  (3) New Zealand product of a kind to which the Act applies that is described in an item of the table in clause 1 of Schedule 2:\n    (a) is classified as risk food; and\n    (b) is required to be inspected, or inspected and analysed, under the Scheme as risk food.\n  (4) Subsection (3) does not apply to compliance agreement food.\n  Compliance agreement food\n  (5) Food to which a compliance agreement applies is classified as compliance agreement food.\n  Surveillance food\n  (6) Food to which the Act applies:\n    (a) is classified as surveillance food; and\n    (b) is required to be inspected, or inspected and analysed, under the Scheme as surveillance food.\n  (7) Subsection (6) does not apply to:\n    (a) risk food; or\n    (b) compliance agreement food; or\n    (c) food that is the subject of a holding order.\n\n> Note: See section 7 of the Act for food to which the Act applies.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Risk food that must be covered by recognised foreign government certificate","content":"#### 6 Risk food that must be covered by recognised foreign government certificate\n\n  Risk food—general\n  (1) Subject to subsection (1A), food of a kind to which the Act applies that is described in item 1, 2, 7, 12 or 23 of the table in clause 1 of Schedule 1 must be covered by a recognised foreign government certificate.\n  (1A) Subsection (1) does not apply to bivalve molluscs and bivalve mollusc products that are:\n    (a) both retorted and shelf‑stable; or\n    (b) dried.\n  New Zealand product\n  (2) New Zealand product of a kind to which the Act applies that is described in item 1 of the table in clause 1 of Schedule 2 must be covered by a recognised foreign government certificate.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Risk food that must be covered by a recognised food safety management certificate","content":"#### 7 Risk food that must be covered by a recognised food safety management certificate\n\n  Food of a kind to which the Act applies that is described in item 17 or 18 of the table in clause 1 of Schedule 1 must be covered by a recognised food safety management certificate.","sortOrder":8}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears focused on its original purpose of classifying imported food for inspection purposes. The scope has not expanded beyond food safety border controls."},"complexity_factors":["Multiple nested exception structures — risk food rules have exceptions for New Zealand products, compliance agreements, and specific processing methods (retorted/shelf-stable, dried)","19 defined terms in the interpretation section, many cross-referencing external documents (Australia New Zealand Food Standards Code, Trans-Tasman Mutual Recognition Act 1997)","Technical scientific definitions required — F0 values for retorting, taxonomic classifications for fish families (Carangidae, Clupeidae etc.), subfamily bovinae","Dual scheduling system — separate tables in Schedules 1 and 2 for general risk foods vs New Zealand products with overlapping but distinct coverage","Threshold-based classifications — multiple items use precise quantitative cutoffs (300g/kg meat content, 5% caffeine for solids, 1% for liquids)","Layered conditionality — many food types defined by combination of factors: processing method + ready-to-eat status + stability requirements"],"plain_english_summary":"This Order sets how imported food is inspected in Australia by sorting imports into three tracks—higher-risk items that require inspection/certificates, routine surveillance checks, and products from importers with compliance agreements that largely bypass inspections. \n\nIt affects all food importers and relevant foreign suppliers, and matters because it determines which foods face testing or delays at the border versus faster clearance."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The instrument exercises delegated authority under section 10 of the Imported Food Control Regulations 2019 to classify foods and set certificate/inspection requirements. It specifies categories, technical definitions and certificate obligations rather than purporting to alter the Act's substantive reach."},"complexity_factors":["Extensive technical definitions (s.4, 4A–4C) with precise thermal/microbiological thresholds (F0 value in s.4B).","Large, detailed schedules listing many food kinds with conditional qualifiers (Schedule 1 and Schedule 2).","Multiple cross‑references to the Act, Imported Food Control Regulations 2019, and the Australia New Zealand Food Standards Code.","Differentiated requirements and exceptions (e.g. retorted & shelf‑stable, dried goods, New Zealand products) increasing interpretive burden (cl.5–6).","Different certification paths: recognised foreign government certificates and recognised food safety management certificates (cl.6–7).","Operational dependence on administrative Scheme processes (inspection, analysis, holding orders) that create compliance and enforcement discretion (cl.5)."],"plain_english_summary":"The Imported Food Control Order 2019 designates which imported foods are ‘risk’, ‘surveillance’ or covered by compliance agreements, sets technical definitions (for example, ready‑to‑eat, retorted, shelf‑stable) and lists specific food kinds in detailed schedules. It requires certain risk items to be covered by recognised foreign government or food safety management certificates and subjects them to inspection or analysis under the Scheme (cl.5–7; s.4–4C). Importers and overseas suppliers (including specified New Zealand products) bear the certification and inspection obligations and costs."}},"importantCases":[],"_links":{"self":"/api/acts/imported-food-control-order-2019","history":"/api/acts/imported-food-control-order-2019/history","analysis":"/api/acts/imported-food-control-order-2019/analysis","conflicts":"/api/acts/imported-food-control-order-2019/conflicts","importantCases":"/api/acts/imported-food-control-order-2019/important-cases","documents":"/api/acts/imported-food-control-order-2019/documents"}}